The Civil ServiceCommission has consistently and repeatedly held that such shift by shift, out of grade appointments to long term vacancies violate the law. See, e.g., City of Somerville v. Somerville Mun. Employees Assn, 20 Mass. App. Ct. 594, 602 (1985); Gagnon v.
Only after the Union filed at the Civil ServiceCommission did the City deprive temporarily promoted employees of the pay and benefits of the higher position and only because the Union advocated on behalf-of its membership at that agency. Accordingly, not only has the City unilaterally imposed new terms and conditions of employment, it has also done so in retaliation for employees protected, concerted activity. A.
Roberts, Director November 1, 2018 Page 2 LABOR AND EMPLOYMENT LAWYERS Second, the Union has alleged, in addition to its (a)(5) allegations, that the failure to provide employees with proper pay and benefits is retaliation for actions the Union has taken on behalf of its members, including the filing of grievances and the pursuit of issues before the Civil ServiceCommission.
These rules call for the selection of employees from a list maintained by the Civil ServiceCommission (Commission). With rare exceptions, the City had not been filling these temporary vacancies in accordance with Civil Service rules. The Union cites two instances where the City temporarily promoted an employee for more than a day at a time pursuant to Civil Service rules. In 2008, Captain John Horan was temporarily promoted to District Chief.
Bowman (Bowman), Chairman of the Civil ServiceCommission (Commission), appealing the procedure by which the City and the Department had recently filled several different Department vacancies: three permanent vacancies in the Lieutenant rank, one long-term vacancy in the Captain rank, and one long-term vacancy in the District Chief rank.
On August 29, 2018, the Union commenced an appeal before the Civil ServiceCommission complaining that instead of using the agreed upon contractual procedure to fill temporary vacancies in the officer ranks, that the City should have been using the Civil Service promotional list to fill those temporary vacancies. (Employer Ex. 2).!
The Union enforced this requirement through the Civil ServiceCommission by filing a case in Arpin, Gary & Six Others vs. City of Worcester; Case Number E-18-154. Although the City offered to bargain with the Union regarding the impact this change would have upon agreed contract language, the Union maintained that the contract already provided all of the rights it required to maintain its position.
CIVIL SERVICECOMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 ROBERT N. HARRINGTON, Appellant v. D-02-623 (1-Day Suspension) D-02-622 (4-Day Suspension) D-03-296 (Termination) TOWN OF WINCHENDON, Respondent Appellants Attorney: Michael J. Akerson, Esq. Andrew J. Gambaccini, Esq.
CIVIL SERVICECOMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 REGINALD GORE, Appellant v. G1-13-272 DEPARTMENT OF CORRECTION, Respondent Appearance for Appellant: Pro Se Reginald Gore Appearance for Respondent: Joseph S. Santoro Department of Correction One Industries Drive: P.O. Box 946 Norfolk, MA 02056 Commissioner: Paul M.
Cw 2 = LENCOL MONTEIRO and MASSACHUSETTS CIVIL SERVICECOMMISSION, as mn =o ac * Scar Defendants MEMORANDUM OF DECISION AND ORDER ON CROSS MOTION FOR JUDGMENT ON THE PLEADINGS The Plaintiff, Boston Police Depart (BPD) has appealed from a decision of the Defendant Civil Service Commission (the Commission), ordering BPD to reconsider the Defendant, Lencol Monteiro (Monteiro), for employment as a BPD police officer after he was initially declined or
CIVIL SERVICECOMMISSION CITY OF LAWRENCE, Defendants and MEMORANDUM AND DECISION ON PLAINTIFES MOTION FOR JUDGMENT ON THE PLEADINGS PROCEDURAL BACKGROUND This review of the final decision of an administrative agency is before the court on plaintiffs motion for judgment on the pleadings, pursuant to Mass. R. Civ. P. 12(c). [D. 10]. Plaintiff Marlene Bistany (Bistany) seeks review under G.
Nopu_ Sen ig d 2: Giekd CIVIL SERVICECOMMISSION & another! | : MEMORANDUM AND ORDER ON PLAINTIFFS MOTION FOR JUDGMENT ON THE PLEADINGS c Pr : LC ctp, Ly INTRODUCTION : -_ } T\ tw.
CIVIL SERVICECOMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 MICHAEL DEALMEIDA, Appellant v. D-13-209 FALL RIVER PUBLIC SCHOOLS, Respondent Appearance for Appellant: Phillip Brown, Esq. Associate General Counsel AFSCME Council 93 8 Beacon St, 7th Floor Boston MA 02108 Appearance for Respondent: Bruce A. Assad, Esq. 16 Bedford Street Fall River MA 02720 Commissioner: Paul M.
v B= ANT ry yt d COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. es SUPERIOR COURT CIVIL ACTION NO. 10-0089-A Brian Sweet VS. eo. . e Civil ServiceCommission MEMORANDUM & another 1 OF DECISION AND ORDER ON PLAINTIFF BRIAN SWEETS MOTION FOR JUDGMENT ON THE PLEADINGS The plaintiff, State Trooper Brian Sweet (Sweet), has appealed the Civil Service Commission (Commission) and Massachusetts Department of State Polices (Department) decision to discipline Trooper
MASSACHUSETTS CIVIL SERVICECOMMISSION DEPARTMENT OF STATE POLICE? & COLONEL TIMOTHY , ALBEN", plaintiff in counterclaim/ plaintiff in crossclaim MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT This is an action in which both parties seek judicial review of a decision of the Civil Service Commission (Commission).
CIVIL SERVICECOMMISSION One Ashburton Place: Room 503 Boston, MA 02108 (617) 727-2293 JOSEPH A. LOSANO, Appellant v. G-02-72 TOWN OF SWAMPSCOTT, Respondent Appellants Attorney: Pro Se Joseph A. Losano 11C Boynton Street Swampscott, MA 01907 (781) 922-2247 Respondents Attorney: Joseph S. Fair, Esq. Kopelman and Paige, P.C. 101 Arch Street Boston, MA 02110-1109 (617) 556-0007 Commissioner: Donald R.